Sample Chapter Outline - Eastern Kentucky University

Sample Chapter Outline Page 1 I. ASSAULTS A. Considerations for determining compensability of workplace assaults claims arising out of and in the course of employment 1. Was personal motivation or a work dispute involved in the assault? 2. Did the aggressor swing the first blow? 3. Was the assault by someone the victim knew? 4. Did the assault arise out of a labor dispute? B. Workplace Assaults: Personal Motivation 1. Martin v. J. Litchtman & Sons a lunch room dispute 2. 42 NJ 81, 199 241 (1964) a) Claim is compensable, even if subject of dispute is non-work related, but it was work relationship that created the relationship b) Claim is compensable if the strain between employees results from the enforced contact of employment and unjustified assault C.

Sample Chapter Outline Page 2 c) In Stewart v. Chrysler – defendant precipitated the fight, but Stewart (the decedent) struck the first blow. Striking the first blow is not the test to determine whether injury “arose out of employment.” The disagreement arose out of the

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